Fort Walton Beach Council minutes — 05-29-07 special minutes — reading text

MINUTES OF THE SPECIAL COUNCIL MEETING 1 OF THE CITY OF FORT WALTON BEACH, FLORIDA MAY 29, 2007 INTRODUCTION A special meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, May 29, 2007, at 5: 30 p. m. in the Council ChambelS at City Hall, with the following present: Mayor Mike Anderson I""" Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich. Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Lisa Absher, Finance Director; Toni Craig, City Attorney; and Department Directors. CALL TO ORDER The Mayor called the meeting to order. PLEDGE The Mayor led in the Pledge of Allegiance. ORDER OF AGENDA The Mayor explained that changes have occurred since the agenda was published, and asked Council if they wanted to change an item or the order of business for an item on the agenda, or to amend an item they have placed on the agenda. Mr. Holmes amended his agenda Item 3 to read ' Consideration of the Finance Director' s emplovment termination' instead of ' Consideration of the Finance Director' s resianation' as it is stated on the agenda. Mr. Minich moved to combine Item 3, Consideration ofthe Finance Director' s employment termination, and Item 4, request for Council to negotiate contracts with/ for the Finance Director and City Clerk. Mr. Holmes seconded motion. Mr. Minich explained the two items are similar in scope and can be discussed and taken care of at the same time. Mr. Miller explained he requested Item 4 be placed on the agenda as an action item from the May 22 Council meeting and that Item 3 regarding the termination of the Finance Director was placed ahead of Item 4, and he feels that Item 4 has precedence over Item 3. Mr. Minich reminded there is a motion on the floor and whether or not to change the order is immaterial to the motion to combine Items 3 and 4. The Mayor called for the vote on the motion to combine Item 3, Consideration of the Finance Director' s employment termination, and Item 4, request for Council to negotiate contracts with/for the Finance Director and City Clerk, and it failed by a vote of 2 to 5 with Holmes and Minich in favor and Miller, Reeves, Garvie, Pullen, and Hartwell opposed. The Mayor clarified the two items would be discussed as separate agenda items. Mr. Miller moved to combine Item 5, Consideration of the need to procure an independent methods of executing the agency to study and report on the different legally acceptable General Employees' Retirement Fund, and the Police and Fire Pension Funds/ Plans, and Item 7, To review the City' s participation in and contributions to the three pension funds. Mr. Minich seconded motion. 2 Special Council 5- 29- 07 ORDER OF AGENDA (CONTI Mr. Minich received clarification from the City Manager that Items 6 and 7 were placed on the agenda as requested by Mr. Miller as potential workshop items. The Mayor called for the vote to combine Items 5 and 7 and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. Mr. Miller moved that Item 6, 'To define the responsibilities ofthe City Council and the relationship of the Mayor so that activities in City Hall and in Council meetings will proceed more smoothly', be an agenda item. Dr. Pullen seconded motion. Mr. Miller stated his feeling that Council meetings are not conducted in an efficient manner and that guidelines should be set, and that the authority of Mayor and Council needs to be addressed to enhance the efficient handling of the meetings. Mr. Hartwell stated this might be better addressed during the workshop on the Charter which is planned for September. Mr. Minich also expressed his feeling this would be better addressed during a workshop meeting. Mr. Garvie stated he would like the issue discussed during a workshop as soon as possible, separate from the charter discussion. The Mayor called for the vote on the motion for Item 6 to be an item on the agenda and it failed by a vote of 2 to 5 with Miller and Pullen in favor and Holmes, Reeves, Garvie, Hartwell, and Minich opposed. Mr. Miller moved to reverse the order of Item 3, ' Consideration of the Finance Director' s employment and Item 4, ' Request for Council to negotiate contracts with/for termination,' the Finance Director and City Dr. Pullen seconded motion. Clerk.' Mr. Miller stated Item 4 was an action item from the May 22, 2007 Council meeting, it was voted on by the majority of Council and already scheduled for the agenda, and stressed its importance that it should be discussed before the item regarding the employment termination of the Finance Director. The Mayor called for the vote on the motion and it carried by a vote of 5 to 2 with Miller, Reeves, Garvie, Pullen, and Hartwell in favor and Holmes and Minich opposed. For clarification the Mayor explained that Items 1 and 2 remain the same; the wording for Item 3 has been changed from resiQnation to emplovment termination; Items 3 and 4 have been reversed; Items 5 and 7 have been combined; and Item 6 has been deleted. PUBLIC HEARING - ORD. 1730: SENIOR HONESTEAD EXEMPTION The Mayor read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTION 4. 04. 02, ENTITLEMENT, OF THE CODE OF ORDINANCES TO ESTABLISH AN ADDITIONAL HOMESTEAD EXEMPTION OF $50,000 FOR CERTAIN PERSONS WHO HAVE ATTAINED THE AGE OF SIXTY- FIVE AND WHOSE HOUSEHOLD INCOMES DO NOT EXCEED $ 24, 214; PROVIDING FOR AUTHORITY; AND PROVIDING AN EFFECTlVE DATE. The City Manager explained this is a constitutional amendment approved in November and if it is the Council' s desire for the exemption to occur during the 2007 tax year, the ordinance must be on the books adopting the homestead exemption by June 1, 2007.  3 Special Council 5- 29- 07 ORD. 1730 ( CONTI Discussion ensued regarding the wording of the ordinance which states an additional homestead exemption. The City Attorney explained that State Statute calls this an additional homestead exemption, in addition to the amount set for everyone under the statutes and is specific to age and income, and the actual body of the ordinance changes the $ 25, 000 to $ 50, 000. 00. The Mayor opened the public hearing. There was none. Mr. Garvie moved to adopt Ord. 1730 on second reading. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. RES. 07-Q9- AMENDING GOLF CLUB SECllON OF THE COMPREHENSIVE PLAN The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE GOLF CLUB SECTION OF THE COMPREHENSIVE FEE SCHEDULE FOR THE CITY OF FORT WALTON BEACH, AND PROVIDING AN EFFECTIVE DATE. The City Manager explained that in accordance with Res. 06- 08, rate fees would be automatically increased on June 1 of 2007, 2008, 2009, and 2010. However, at the Special Meeting of May 15, 2007, Council was of the consensus that it was in the best interest of the Golf Club not to increase the fees at this time. Therefore, this resolution would maintain the rates as they are until June 1, 2008. The City Manager further explained that the play cards have already been changed to the June 1, 2007 rates and will have to be changed back to the June 1, 2006 rate schedule. Clarification was given that the rates for the play cards for the current year of June 1, 2007 will be enforced at the June 1, 2006 rates, and will remain at that rate until Council changes the rates on June 1, 2008, and any adjustments on play card rates will occur at the golf course. It was noted the resolution needs to be amended to strike out all of the rates effective June 1, 2007, including the rates for the play cards. The Mayor asked for public input. There was none. Mr. Minich moved to adopt Res. 07- 09, as amended. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. FINANCE DIRECTOR/CITY CLERK CONTRACTS Request for Council to negotiate contracts with/ for the Finance Director and City Clerk. The City Attorney explained she drafted contracts for the City Clerk and Finance Director after discussion at the May 22 Council meeting, and provided copies to both the City Clerk and Finance Director. She advised the City Clerk seems satisfied with the draft agreement and that it is legally sufficient. However, the City Attorney advised that in regard to the Finance Director' s contract, she cannot do anything more without direction from Council. Mr. Miller stated he was hoping to discuss the contracts and initiate the action to accomplish the contracts, as he feels the City Clerk and Finance Director should have contracts along with the City Manager and the City Attorney. The Mayor asked for public input. There was none. 4 Special Council 5- 29- 07 CONTRACTS ( CONTI Mr. Miller moved to instruct the City Attorney to begin the negotiations of contracts for the Finance Director and the City Clerk and bring back to Council and let the Council resolve any differences. The City Attorney advised that she does not deal with labor and employment issues for the City and asked that her contract in that respect be honored. She also requested that any motion made clude t the Cit~ Mr. Mat! ore, be with ~e~ otiating con~ract for iFn. thD~ Inance shlahbocr ~ ttoMrney, da~ taskecd thde. Irector, Wit t e Ity anager provl Ing input once ouncl I gives some Irectlon as w at .. . thhe ~.. " . . . needs to be included in the contract. The City Attorney explained the Finance Director is under the control and supervision of the City Manager and only half of her job will fall to the other fiduciary duties Council is responsible for. Mr. Miller moved to task Mr. Mattamore, the City' s labor attorney, to negotiate contracts with the Finance